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MARTIN COUNTY v. SECTION 28 PARTNERSHIP, LTD.

No. 4D98-2813.

772 So.2d 616 (2000)

MARTIN COUNTY, Appellant, v. SECTION 28 PARTNERSHIP, LTD., Appellee.

District Court of Appeal of Florida, Fourth District.

December 13, 2000.

Attorney(s) appearing for the Case

Gary K. Oldehoff, Stuart, and Nancy E. Stroud, Susan L. Trevarthen and Edward F. Ryan of Burke, Weaver & Prell, Boca Raton, for appellant.

Charles L. Siemon of Siemon, Larsen & Marsh, Boca Raton, for appellee.

Robert P. Banks, Assistant County Attorney, West Palm Beach, Terrell K. Arline, Tallahassee and Sherry A. Spiers, Tallahassee, for Amicus Curiae-Florida Department of Community Affairs, Florida Association of County Attorneys, Florida Association of Counties, and 1000 Friends of Florida, Inc.

TAYLOR, J.

Martin County appeals from a final judgment on remand in favor of Section 28 Partnership, Ltd. The circuit court held that the county's refusal to grant appellee's requested comprehensive plan amendments, which sought increased residential densities, commercial development, and creation of a new urban services district, denied the developer substantive due process. The court awarded the developer $4,750,000 in damages. We reverse and remand for judgment...

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